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Saturday, 10 November 2018

NIGERIA GOVERNMENT VERSUS NNAMDI KANU: CASE WITHDRAWAL FROM COURT IS THE ONLY AVAILABLE OPTION

NIGERIA GOVERNMENT VERSUS NNAMDI KANU: CASE WITHDRAWAL FROM COURT IS THE ONLY AVAILABLE OPTION

The only reasonable option available for the Nigerian government even as the next court case between it and Mazi Nnamdi Kanu, the supreme leader of the Indigenous People of Biafra (IPOB) worldwide, slated for Wednesday 14th November 2018 closes in, is outright withdrawal to stem foreseeable legal disgrace and ridicule. Recall that a contingent of well armed Nigerian soldiers under the command of a Fulani Islamic arch-genocidist, Lieutenant-General Tukur Yusuf Buratai, on express presidential directive, truncated the judicial process standing in between Mazi Nnamdi Kanu and the Nigerian government, which was premised on preferred bogus charge of treasonable felony. The IPOB leader on his arrival in Lagos from London on 14th October 2015, was arrested by officers of the Department of Security Services (DSS), and extra-judicially detained for eighteen good months, against court rulings for his immediate and unconditional release. He was eventually freed under stringent bail conditions as ruled by Justice Binta Nyako of an Abuja-based Nigeria Federal High Court.

Yet serving the draconian bail conditions, Mazi Nnamdi Kanu was bubbling in high spirit preparatory to his appearance in court as scheduled for 17th October 2017. That prosecution would have signalled the exact cause of his arrest and unlawful detention for close to two years. But the murderous military expedition carried out in his residence with the primary aim of assassinating him on the 14th of September 2017 based on presidential directive, adversely stalled proceedings. This extra-judicial self-help applied by the Nigerian government amounts to mockery of judicial process. If Mazi Nnamdi Kanu was assassinated by the Nigerian army according to their plot, he would not have been expected to be standing trial by now.

The circumstances within which the Nigerian government (plaintiff), through acts of omission or commission, blatantly ridiculed the efficacy of the Judiciary and  demonstrated it's lack of confidence in the discretion of the court through it's resort to assassination attempt on the life of Mazi Nnamdi Kanu. This despicable and murderous agenda of a supposedly democratic/law abiding government,  led to the forceful evacuation and escape to the nation of Israel, by the persecuted for safety and security. The only option reasonably left for Nigeria, is to withdraw the case from court or defiantly proceed with it and further jeopardise her already battered diplomatic image before the international community. Come Wednesday 14th November 2018 being the court's next sitting date, the Nigerian Justice Ministry, the Office of  the Attorney General and the Directorate of Public Prosecution, should synergize and order Mr. Shaibu Labaran (Counsel to the Nigerian Government), to demand for the withdrawal of the case from the court. This case withdrawal needs urgency because the Nigerian government through the instrumentality of it's over-zealous and disappointedly unprofessional armed forces, has committed atrocious and irredeemable extra-judicial blunders which will only end up exposing more disgusting crimes committed by Nigeria during the criminal invasion of the home of Mazi Nnamdi Kanu.

For the defendant (Mazi Nnamdi Kanu), who successfully escaped the assassination from Nigeria territories, there is virtually no judicial officer or institution both locally and internationally, that can interpret any law indicting him for escaping for his dear life, from state-sponsored assassination attempt in the court of law. The judicial procedures which the Nigerian government would have adopted, was to report the presumed violation of bail conditions to the court. Barrister Ifeanyi Ejiofor, who is the leading counsel to Mazi Nnamdi Kanu, intelligently and clinically followed due judicial procedures when he proactively reported to the court, the statement Orji Uzo Kalu made to media practitioners that the defendant was safe and sound in London. He thereby prayed the court for the inclusion of Orji Uzo Kalu in the list of masterminds of the deadly raid carried out in the residence of Mazi Nnamdi Kanu. Orji Uzo Kalu by this, was positioned to tell the court about the disappearance and whereabouts of the IPOB leader. The presiding judge, Justice Binta Nyako professionally reasoned along that line and granted the prayer of Barrister Ifeanyi Ejiofor. Orji Uzo Kalu was thereby subpoenaed to appear before the court on the 14th of November 2018, to fully explain when, where and how he saw Mazi Nnamdi Kanu in London. This civilised judicial approach is what Barrister Shaibu Labaran, (counsel to the Nigerian government), would have taken if Nigerian government's plan was not to assassinate the IPOB leader, at the first instance.

As the case got messed up through the lawless and tyrannic antecedents of the Nigerian government, the only redeemable exit for the plaintiff, is to apply for the withdrawal of the case from court to save itself from future disgraceful legal blunders. If this case is allowed continuation, then the government should be prepared to answer to numerous incriminating and unavoidable questions that will ensue from the presiding judge or the cross examination of Mazi Nnamdi Kanu's counsel on hearing that he escaped to Israel. This will of course attract global outrage against Nigeria with gross diplomatic damages resultantly recorded. Some of the likely legal questions that would be asked are:

(1) What circumstantial development at first instance, resultantly forced Mazi Nnamdi Kanu into escaping from the country as an option?

(2) Who carried out what, that led to the said escape?

(3) Who authorized the circumstance  that orchestrated the escape?

(4) What caused the circumstance that warranted the defendant's escape from Nigeria in the first place?

(5) Does the mastermind of the event that led to his escape know that he  remained a property of the court with full security as he then was legally serving court bail?

(6) Was there any court authorization for the circumstance that led to his escape?

The above related and many more questions will most definitely arise on the 14th of November 2018, should the Nigerian government fail to tenaciously toe the path of humility and withdrawal the case.  This is the reason why the only available option left, is to promptly apply for the withdrawal of this case from court. This is because the judicial process on the subject under reference was callously truncated on the 14th of September 2017, when the government out of disrespect for the rule of law, tyrannically resorted to extra-judicial alternative in extricating itself from an already battered image. The bizarre act of impunity completely eroded the little confidence left of the judicial process in Nigeria, in a case which the plaintiff (the Nigerian government) itself, initiated.

 Wednesday, the 14th of November 2018, remains a day in history, wherein the much anticipated judicial fireworks will be exhibited. The entire global community is closely watching and waiting.

Written by Mazi Onyebuchi Eze

Edited by Peter Oshagwu
For Family Writers Press

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